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ARTICLE · 21 MARCH 2017

A Time Where Giving Out Your Username And Password Didn't Turn Out Too Poorly

In 1999, the Uniform Law Commission promulgated the Uniform Electronic Transactions Act (UETA).

United StatesTechnology

Richard Raysman is a Partner and Elliot Magruder is an Attorney in the New York office

In 1999, the Uniform Law Commission promulgated the Uniform Electronic Transactions Act (UETA). The primary purpose of UETA is to equate the enforceability and validity of electronic signatures with handwritten signatures. It has been adopted in 47 states.  The three states that have not, Illinois, New York and Washington, each have laws governing electronic signatures.

The latest electronic signature case, litigated under Illinois's UETA equivalent, delves into whether the plaintiff's provision of username and password to a third party is a sufficient electronic signature so as to convey authorization to a third party to execute on the plaintiff's behalf an agreement requiring mandatory arbitration. See Mohammed v. Uber Technologies, Inc., 2017 WL 590289 (N.D. Ill. Feb. 14, 2017).

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